Director of Public Prosecutions v Stephen Grant O’Sullivan [2016] NSWDC 331

District Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Stephen Grant O'Sullivan [2016] NSWDC 331 Hearing dates: 9 November 2016 Date of orders: 05 December 2016 Decision date: 05 December 2016 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The appeal is allowed. 2 I set aside the penalties imposed by the magistrate. 3 In relation to each offence the offender is convicted. 4 In relation to the section 124 offences: (a) for sequence 1 and 2 I impose a fine of $750; (b) for sequences 3 and 4 I impose a fine of $450. 5 In relation to the section 117 offences: (a) for sequence 5 I impose a fine of $1,800; (b) for sequences 6 and 7 I impose a fine of $750. Catchwords: CRIMINAL LAW – liquor licensing – service of alcohol to underage persons – responsible service of alcohol – multiple offences - plea of guilty APPEAL – crown inadequacy appeal of magistrate's decision – review – evidence – hearing – reasons of magistrate SENTENCE – mitigating factors – aggravating factors – fine – capacity to pay – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – onerous penalty – extra curial punishment – appropriate penalty OTHER – liquor licensing laws – hotel – premises – staff – protocol Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss. 10, 21A(3)(a), 21A(3)(b), 21A(3)(e), 21A(3)(f), 21A(3)(h), 21A(3)(k), 22 Crimes (Appeal and Review) Act 2001 ss.23, 26, 27, 68A Liquor Act 2007 ss.3(1)(a), 3(2), 117, 117(8), 124(1)(b), 144B, 144C, 144D, 144D(4), 147(2), 148(1) Corporations Act 1989 (Commonwealth) s229 Cases Cited: R v JW [2010] NSWCCA 49 Environment Protection Authority v Ballina Shire Council [2006] NSWLEC 289 Director-General of the Department of Environment and Climate Change v Rae [2009] NSWLEC 137 Axer v Environment Protection Authority (12993) 113 LGERA 357 Hoskins v R [2016] NSWCCA 157 Cobiac v Liddy (1969) 119 CLR 257 R v Nguyen [2002] NSWCCA 183 R v Fing (Unreported 4/10/94, NSWCCA) R v Stephenson [2010] NSWSC 779 Lavaroto v R [2012] NSWCCA 61 Ray v R (Unreported 21/10/13 NSWDC) Williams v R (Unreported 15/10/10 NSWDC) Category: Principal judgment Parties: Director of Public Prosecutions (Appellant) Stephen Grant O'Sullivan (Respondent) Representation: Counsel: Mr D O'Neil (Respondent)